# KUDRAT SANDHU v. UNION OF INDIA AND ANR

- **Citation:** [2018] 2 S.C.R. 1005
- **Court:** Supreme Court of India
- **Decided:** 2018-02-22
- **Bench:** Dipak Misra, A. M. Khanwilkar, Dr. D.Y. Chandrachud
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/kudrat-sandhu-v-union-of-india-and-anr-32860
- **Pages:** 10

## Headnote

Tribunals - Chairperson/Judicial/Administrative/Expert/
Technical members - Selection of - After considering the
suggestions filed, along with modifications, order passed by Supreme
Court on 9 February 2018 as an interim arrangement to govern
selection in all Tribunals - However, since some of the Search-cumSelection Committees (SCSC) had already proceeded with their work
prior to the said interim order, matter listed for further hearing
wherein inter alia Union of India was directed to file status of selection
process by the Committees - Tabular chart filed by Union of India
indicating the status of selection process in respect of 19
Tribunals - Tribunal-wise position with regard to the selections
analysed by Supreme Court and directions given in respect of each
of the Tribunal - Tribunal, Appellate Tribunal and Other Authorities
(Qualification, Experience and Other Conditions of Service of
Members) Rules, 2017.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
279 of 2017
Under Article 32 of the Constitution of India.
 WITH
W. P. (C) Nos. 558, 561, 640, 1016, 788, 925, 1098 and 1129 of
2017
W. P. (C) No. 33 of 2018.
Arvind P. Datar, C. A. Sundaram, Mohan Parasaran, Sidharth
Luthra, Sr. Advs., Ms. Maneesha Dhir, Karan Batura, Ms. Anushree
Prashit Kapadia, Ms. Priyanka Rathi, Ms. Ruchira Goel, Vikramaditya,
Arun Monga, Ms. Divya Sharma, Ms. Mayuri Raghuvanshi, Nikhil Swami,
V. K. Verma, Nikhil Nayyar, Rupesh Kumar, Anand Varma, K. Krishna
Kumar, Annam D. N. Rao, Advs. for the Petitioner.
[2018] 2 S.C.R. 1005
1005
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SUPREME COURT REPORTS
[2018] 2 S.C.R.
K. K. Venugopal, AG, S. S. Shamshery, Ms. Shraddha Deshmukh,
Rukmini Bobde, Kumar Shashank, Mukesh Kumar Maroria, Zoheb
Hossain, Ashok Mathur, Mrs. Anil Katiyar, Advs. for the Respondents.
The follwing order of the Court was delivered:
O R D E R
1. On 9 February 2018, an interim order was passed by this Court
after considering the suggestions filed during the course of hearing. The
suggestions read as follows:
"1. Staying the composition of Search-cum-Selection Committee
as prescribed in Column 4 of the Schedule to the Tribunal,
Appellate Tribunal and Other Authorities (Qualification,
experience and other conditions of service of members) Rules,
2017 both in respect of Chairman/Judicial Members and
Administrative Members. A further direction to constitute an
interim Search-cum Selection Committee during the pendency
of this W.P. in respect of both Judicial/Administrative members
as under :
a. Chief Justice of India or his nominee - Chairman
b. Chairman of the Central Administrative Tribunal - Member
c. Two Secretaries nominated by the Government of India -
Members
2. Appointment to the post of Chairman shall be made by
nomination by the Chief Justice of India.
3. Stay the terms of office of 3 years as prescribed in Column 5
of the Schedule to the Tribunal, Appellate Tribunal and other
Authorities (Qualification, experience and other conditions of
service of members) Rules, 2017. A further direction fixing the
term of office of all selectees by the aforementioned interim
Search-cum Selection Committee and consequent appointees as
5 years.
4. All appointments to be made in pursuance to the selection
made by the interim Search-cum-Selection Committee shall be
with conditions of service as applicable to the Judges of High Court.
5. A further direction to the effect that all the selections made by
the aforementioned interim selection committee and the
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consequential appointment of all the selectees as Chairman/
Judicial/Administrative members for a term of 5 years with
conditions of service as applicable to Judges of High Court shall
not be affected by the final outcome of the Writ Petition."
2. The learned Attorney General had no objection to the above
suggestions being adopted as an interim arrangement to govern the
selections to all tribunals, except for the fourth and fifth suggestions
recorded above. The Learned Attorney General

## Text

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KUDRAT SANDHU
v.
UNION OF INDIA AND ANR.
(Writ Petition (Civil) No. 279 of 2017)
FEBRUARY 22, 2018
[DIPAK MISRA, CJI, A. M. KHANWILKAR AND
DR. D.Y. CHANDRACHUD, JJ.]
Tribunals - Chairperson/Judicial/Administrative/Expert/
Technical members - Selection of - After considering the
suggestions filed, along with modifications, order passed by Supreme
Court on 9 February 2018 as an interim arrangement to govern
selection in all Tribunals - However, since some of the Search-cumSelection Committees (SCSC) had already proceeded with their work
prior to the said interim order, matter listed for further hearing
wherein inter alia Union of India was directed to file status of selection
process by the Committees - Tabular chart filed by Union of India
indicating the status of selection process in respect of 19
Tribunals - Tribunal-wise position with regard to the selections
analysed by Supreme Court and directions given in respect of each
of the Tribunal - Tribunal, Appellate Tribunal and Other Authorities
(Qualification, Experience and Other Conditions of Service of
Members) Rules, 2017.
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No.
279 of 2017
Under Article 32 of the Constitution of India.
 WITH
W. P. (C) Nos. 558, 561, 640, 1016, 788, 925, 1098 and 1129 of
2017
W. P. (C) No. 33 of 2018.
Arvind P. Datar, C. A. Sundaram, Mohan Parasaran, Sidharth
Luthra, Sr. Advs., Ms. Maneesha Dhir, Karan Batura, Ms. Anushree
Prashit Kapadia, Ms. Priyanka Rathi, Ms. Ruchira Goel, Vikramaditya,
Arun Monga, Ms. Divya Sharma, Ms. Mayuri Raghuvanshi, Nikhil Swami,
V. K. Verma, Nikhil Nayyar, Rupesh Kumar, Anand Varma, K. Krishna
Kumar, Annam D. N. Rao, Advs. for the Petitioner.
[2018] 2 S.C.R. 1005
1005
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SUPREME COURT REPORTS
[2018] 2 S.C.R.
K. K. Venugopal, AG, S. S. Shamshery, Ms. Shraddha Deshmukh,
Rukmini Bobde, Kumar Shashank, Mukesh Kumar Maroria, Zoheb
Hossain, Ashok Mathur, Mrs. Anil Katiyar, Advs. for the Respondents.
The follwing order of the Court was delivered:
O R D E R
1. On 9 February 2018, an interim order was passed by this Court
after considering the suggestions filed during the course of hearing. The
suggestions read as follows:
"1. Staying the composition of Search-cum-Selection Committee
as prescribed in Column 4 of the Schedule to the Tribunal,
Appellate Tribunal and Other Authorities (Qualification,
experience and other conditions of service of members) Rules,
2017 both in respect of Chairman/Judicial Members and
Administrative Members. A further direction to constitute an
interim Search-cum Selection Committee during the pendency
of this W.P. in respect of both Judicial/Administrative members
as under :
a. Chief Justice of India or his nominee - Chairman
b. Chairman of the Central Administrative Tribunal - Member
c. Two Secretaries nominated by the Government of India -
Members
2. Appointment to the post of Chairman shall be made by
nomination by the Chief Justice of India.
3. Stay the terms of office of 3 years as prescribed in Column 5
of the Schedule to the Tribunal, Appellate Tribunal and other
Authorities (Qualification, experience and other conditions of
service of members) Rules, 2017. A further direction fixing the
term of office of all selectees by the aforementioned interim
Search-cum Selection Committee and consequent appointees as
5 years.
4. All appointments to be made in pursuance to the selection
made by the interim Search-cum-Selection Committee shall be
with conditions of service as applicable to the Judges of High Court.
5. A further direction to the effect that all the selections made by
the aforementioned interim selection committee and the
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consequential appointment of all the selectees as Chairman/
Judicial/Administrative members for a term of 5 years with
conditions of service as applicable to Judges of High Court shall
not be affected by the final outcome of the Writ Petition."
2. The learned Attorney General had no objection to the above
suggestions being adopted as an interim arrangement to govern the
selections to all tribunals, except for the fourth and fifth suggestions
recorded above. The Learned Attorney General suggested that the above
two suggestions may be re-cast as follows:
"4. All appointments to be made in pursuance to the selection
made by the interim Search-cum-Selection Committee shall abide
by the conditions of service as per the old Acts and the Rules.
5. A further direction to the effect that all the selections made by
the aforementioned interim selection committee and the
consequential appointment of all the selectees as Chairman/
Judicial/Administrative members shall be for a period as has been
provided in the old Acts and the Rules."
3.
The Court accepted the suggestions together with the
modifications which weredesired by the Attorney General. The operative
direction reads thus:
"In view of the aforesaid, we accept the suggestions and direct
that the same shall be made applicable for selection of the
Chairpersons and the Judicial/Administrative/Technical/Expert
Members for all tribunals."
4. Since some of the Search-cum-SelectionCommittees (SCSC)
have already proceeded with their work prior to the above order, the
case was listed for further hearing on 12 February 2018.The following
order was passed:
"As some Committees had proceeded, the matter was listed for
further hearing. We have heard learned counsel for the parties.
Mr. Rohit Bhat, learned counsel assisting the learned Attorney
General for the Union of India shall file the status of the selection
process by the Committees, by 13.2.2018.
Mr. Arvind Datar, Mr. C.A. Sundaram and Mr. Mohan Parasaran,
learned senior counsel shall also file through their Advocateson-Record a joint memorandum with regard to which tribunals
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
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are covered and not covered. The same shall be filed by 10.30
a.m. on 13.2.2018.
Orders reserved."
5. The Attorney General has in pursuance of the proceedings
which took place on 12 February 2018 filed a tabular chart indicating the
status of the selection process in respect of 19 tribunals.Written notes
have been filed by Mr Vikas Singh, Senior Advocate and by Mr Vijay
Kumar Verma, Advocate (appearing respectively in Writ Petition(Civil)
No. 279 of 2017 and companion cases and Writ Petition (Civil) No. 640
of 2017).
6. The tabular chart submitted by the Attorney General indicates
the following details individually in respect of 19 tribunals:
(i)
Whether the SCSC has been constituted;
(ii) Whether advertisements have been issued for judicial and/or
technical (or expert) members;
(iii) Whether applications have been received;
(iv) Whether the process of shortlisting or, as the case, may be holding
interviews has been completed; and
(v) Whether appointments have been made.
The written submissions filed by Mr Vikas Singh, Learned Senior
Advocate and Mr Verma, Advocate indicate that substantial steps have
taken place in the selection process for the Central Administrative Tribunal
and it is desirable that appointments be made expeditiously.
7. We will now analyse the position in regard to the selections,
tribunal-wise.
CESTAT
We have been apprised of the fact that in respect of the Central Excise
and Service Tax Appellate Tribunal (CESTAT), applications were
received for judicial and technical members pursuant to advertisements
issued under the directions of the SCSC.Interviews have been conducted
and the Appointments Committee of the Cabinet has approved the
proposal for filling up vacant posts of judicial members. The above position
indicates that the process of selection has been substantially
completed.Hence, we clarify that the selection process in respect of the
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CESTAT may be completed and will not be affected by the order of this
Court dated 9 February 2018.
DRT and DRAT
8. For the Debts Recovery Tribunal, the chart submitted by the
learned Attorney General indicates that the selection process has been
completed and appointments of Presiding officers have been made. This
being the position, the selection process in respect of the DRT shall not
be affected. In respect of the DRAT also, the selection process has
been completed and will hence be taken to its logical conclusion.
CAT
9. In respect of the Central Administrative Tribunal, the chart
submitted by the learned Attorney General indicates that after the
constitution of the SCSC, vacancies were advertised and applications
have been received both for judicial and administrative members. Two
meetings have been held by the SCSC for judicial members; shortlisting
criteria were finalised and 67 candidates have been shortlisted. In the
above situation, the selection process for judicial members of CAT shall
proceed unhindered by the previous directions dated 9 February, 2018
and shall be taken to its logical conclusion. Since no substantial steps
have taken place in regard to the appointments of Administrative members
of CAT, the directions contained in the order dated 9 February 2018
shall apply.
NCLAT
10. As regards the National Company Law Appellate Tribunal,
the chart submitted by the learned Attorney General indicates that the
existing selection committee has the same composition as provided for
in the new rules. Advertisements inviting applications were issued and
141 applications have been received by the SCSC. We clarify that the
selection process for the NCLAT shall continue and shall not be affected
by the interim directions dated 9 February 2018.
NCDRC
11. For the appointment of the President of the National Consumer
Disputes Redressal Commission,the applications received have been
forwarded to the Chief Justice of India by the Ministry for Consumer
Affairs, Food and Public Distribution. A recommendation is to be made
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
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by the CJI in terms of Rule 4 read with Item No. A of Column No. 4 of
Serial No. 16 of the relevant Rules.
12. For judicial and non-judicial members ofNCDRC, the SCSC
has shortlisted candidates. Recommendations have been made by the
SCSC in February 2018. The selection process has been substantially
completed. It may proceed to its logical conclusion without being affected
by the directions dated 9 February 2018. However, it is made clear that
the appointment of President of NCDRC is to be made by a nomination
of the CJI.
AAR
13. For the Authority for Advance Ruling, a nomination was
received by theUnion government from the Chief Justice of India.
However, before the appointment was made, the nominated candidate
died. A fresh nomination is to be made by the CJI.
14. The Chairperson of the Search and Selection Committee for
selection of the Vice Chairman, nominated by the Chief Justice of India
has made recommendations.
APTEL
15. The Chairperson of the SCSC has been nominated for
recommending the appointment of Chairperson of the Appellate Tribunal
for Electricity. The Committee has initiated the process and is ascertaining
willingness of eligible persons. The work of the Committee may proceed
unhindered by the order dated 9 February 2018.
16. In the case of certain other tribunals, the chart submitted by
the Attorney General is extracted below:
Sl No.
Tribunal /
Appellate
Tribunal
and Other
Authorities
Existing
Vacancy
Whether
SCSC
constitute
under
New
Rules.
If
yes,
its
composition
Status
of
selection
process
Total
N umber
s
of
applications as
received
Interviews
conducted
Selectio
n made /
Final
Appointment
1
Appellate
Tribunal
under
SAFEMA
Act
1
Vacancy
for Member
SCSC
constituted
for post of
member.
Advertised
on
11.10.2017
12
applicati
ons
received
NA
NA
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2
Railway
Claims
Tribunal
02 Vacancies
to the post of
Vice
Chairman
-
Technical
3 vacancies to
the post of
Technical
Member
Judicial
Member-08
posts
SCSC
Constituted.
VC/TechProposal put
up to Board
for
circulation of
Vacancy
Notice
For post of
Technical
Member- 1st
Round
meeting held
on 7.02.2018
and
IB
clearance
sought
Proposal put
up to Board
for
circulation of
Vacancy
Notice
NA
NA
NA
3
Securities
Appellate
Tribunal
Nil
SCSC Not
constituted.
N.A.
N.A.
N.A.
N.A.
4
Airport
Appellate
Tribunal
01
vacancy
for post of
Chairman
SCSC
Constituted.
Vacancy
circulate
issued
17
Interviews
not yet
conducted
NA
5
Telecom
Disputes
Settlement
and
Appellate
Tribunal
(TDSAT)
One vacancy
in respect of a
Member will
arise
on
12.5.2018
SCSC
Constituted.
Advertiseme
nt for the
post
of
Member,
TDSAT will
be issued in a
day or two so
as to fill the
vacancy
arising
on
12.05.2018
NA
NA
NA
KUDRAT SANDHU v. UNION OF INDIA AND ANR.
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Appellate
Board
Under
Trade
Marks Act
01
vacancy
for post of
Vice
Chairman, 01
vacancy
for
post
of
Technical
Member
(Trade Mark),
01
vacancy
for post of
Technical
Member
(Patent)
and
02 vacancies
for post of
Technical
Member
(Copy right)
SCSC Not yet
constituted.
Vacancies
advertised
in
November,
2017
09
applications
received for
post of Vice
Chairman,
14
applications
receiver for
post
of
Technical
Member
(Trade
Mark), 17
applications
received for
Technical
Member
(Patent) and
15
applications
received for
Technical
Member
(Copy right)
NO
NO
7
Film
Certificatio
n Appellate
Tribunal
02 vacancies
for post of
Members
w.e.f.
30.12.2017
SCSC
not
constituted,
although the
process
for
constituting
the same has
been initiated.
NA
NA
NA
NA
8
Armed
Forces
Tribunal
8Administrativ
e Members
8-
Judicial
Members
Composition
of
the
Selection
committee
under the old
rules and the
SCSC under
the new rules
for
vice
chairperson,
judicial
member and
administrative
member is the
same.
Advertisem
ent
issued
on
20.07.2017
(for the post
of
6
Administrat
ive
Member);
NA
NA
NA
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The earlier
selection
committees
are
therefore
continuing.
Advertisement
issued
on
08.08.2017
-
for the post of
1
Judicial
Member;
Advertisement
issued on 06.
11.2017 - for
the post of 7
Judicial
Members and 2
Administrative
Members
 9
National
Green
Tribunal
Chairperson- 01
Judicial Members
- 05
Expert Member-
07
Note : Apart from
the
above
vacancies, Justice
M.S.
Nambiar,
Judicial Member
superannuated on
2.01.2018
and
Shri S.B. Sajwan
Expert Member
superannuated on
9.12.2017.
SCSC
Constituted
Process
initiated
Date
of
advertisement
- 29.08.2017
83
applications
received for
post
of
Judicial
Member
and
169
applications
received for
post
of
expert
members
Date is
awaited
NA
10
Income Tax
Appellate
Tribunal
Vice
President
6 vacancies
President - 01
SCSC not
yet
constituted.
NA
NA
NA
NA
SCSC
Constituted
NO
NA
NA
NA
NO
Member24
vacancies
SCSC not
yet
constituted.
NA
NA
NA
NA
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For the Armed Forces Tribunal (AFT), the composition of the Selection
Committee under the old rules and the SCSC under the new rules for
vice chairperson, judicial members and administrative members is the
same. Recommendations have been made. The selection may hence
proceed for AFT (Serial No. 8 above).
17. As regards the selection of the President of the ITAT, a
recommendation has already been made. Hence, the selection process
will be taken to its logical conclusion. The SCSC for the rest of the
tribunals in the above chart (other than Serial No. 8) shall be governed
by the interim directions dated 9 February 2018.
18. In all cases where the CJI has nominated the Chairperson of
the SCSC for making recommendations for appointment of Chairperson
/ President / Presiding Officer of any tribunal and the Committee has
begun its work by holding a meeting, the process will continue on the
basis of the terms and conditions and eligibility stated in the advertisement
issued or, as the case may be, as notified on the directions of the SCSC
for ascertaining expression of interest.
19. All recommendations made or to be made by any SCSC as
referred to above for appointment of Chairperson and/or members shall
be processed further without being affected by the order dated 9 February
2018.
Divya Pandey Directions issued.